Divorce is challenging, and when you are in the military, it can be even more complex. Understanding how courts divide benefits and pensions in a military divorce is crucial.
Understanding military benefits in divorce
When facing a military divorce, you must understand how it might affect your benefits. These benefits may include health insurance, commissary privileges and housing allowances. Generally, the overlap between the length of your marriage and the duration of military service significantly determines benefit eligibility for the non-military spouse.
For example, if you have been married for at least 20 years, served in the military for at least 20 years, and these 20 years overlapped, your former spouse might qualify for full military benefits. People often call this the “20/20/20 rule.”
Dividing military pensions
Military pensions are often one of the most valuable assets in a divorce. Military pensions qualify as marital property, which they can divide during a divorce.
The division of a military pension may not be automatic. It depends on factors such as the length of the marriage, state laws and the specific terms of your divorce agreement. Sometimes, the court may award the non-military spouse up to 50% of the pension, but this percentage can vary widely.
It is worth noting that the “10/10 rule” applies here. If you have been married for at least 10 years, with at least 10 years overlapping with military service, the Defense Finance and Accounting Service may pay the former spouse’s share of the pension directly.
Navigating a military divorce can be complex. The division of benefits and pensions can significantly impact your financial future. Consider consulting an attorney. They could provide personalized advice based on your specific circumstances and help protect your rights.